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MARTINSON v. NORTH CENTRAL LIFE INS. CO.

No. 214.

65 Wis.2d 268 (1974)

222 N.W.2d 611

225 N.W.2d 604

MARTINSON, Appellant, v. NORTH CENTRAL LIFE INSURANCE COMPANY Respondent.

Supreme Court of Wisconsin.

Decided October 29, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Vernon Molbreak and Molbreak Law Office, all of Madison, and oral argument by Vernon Molbreak.

For the respondent there was a brief by Brian E. Butler and Stafford, Rosenbaum, Rieser & Hansen, all of Madison, and oral argument by Mr. Butler.

BEILFUSS, J.

The issues are as follows:

1. May a nonmedical examination credit life insurance policy validly provide that no insurance shall take effect thereunder unless the insured is in good health on the effective date thereof?

2. If so, must the insurer at least ask questions regarding the applicant's health or point out the policy's "good health" provision?

3. Is the trial court's finding that the insured was not in good health, and knew...

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